Punitive damages are awarded in a San Bernardino personal injury claim when the defendant’s actions were especially offensive and egregious. The defendant must have acted in a way that was exceptionally harmful to the victim and disregarded their safety.
In California, punitive damages are also called exemplary damages.
LA Century Law explains when punitive damages are awarded in a San Bernardino personal injury claim.
What Are Punitive Damages and How Are They Different from Other Damages?
Punitive damages are a monetary penalty awarded in personal injury and other tort claims. They are different from other types of damages because they are not compensatory, in that they do not reflect the victim’s actual losses. Instead, punitive damages punish a defendant for particularly harmful conduct.
The Legal Standard for Awarding Punitive Damages in California
To receive punitive damages for a San Bernardino personal injury claim, the plaintiff must show that the defendant acted with fraud, malice, or oppression. The legal standard for awarding punitive damages in California is stated in California Civil Code § 3294.
Acts that may make a defendant liable for punitive damages are:
- Malice: Conduct intended to injure the plaintiff or despicable conduct with a willful and conscious disregard for the rights and safety of others.
- Oppression: Despicable conduct that creates cruel and unjust hardship, consciously disregarding the victim’s rights.
- Fraud: Purposeful misrepresentation, deceit, or concealment of a material fact with intent to deprive a person of property or legal rights or otherwise causing injury.
The plaintiff must prove their right to punitive damages by clear and convincing evidence. The clear and convincing evidence standard applies only to determining punitive damages. A preponderance of the evidence decides liability for economic and non-economic damages if it’s more likely than not that the defendant is responsible.
Punitive damages in San Bernardino personal injury
The rules for punitive damages in San Bernardino personal injury claims come from California law. In addition, some federal precedent may apply, such as the U.S. Supreme Court decision in State Farm Mutual Automobile Ins. Co. v. Campbell, 538 U.S. 408 (2003). The case said that a punitive damages award of $145 was unreasonable when compensatory damages were $2.6 million. The court said that punitive damages more than a single-digit ratio from compensatory damages likely violates the due process protections of the U.S. Constitution.
Examples of Conduct That May Justify Punitive Damages
Examples of conduct that may justify punitive damages include:
- Drunk driving
- Reckless driving
- Hiding a vehicle defect to increase sales
- A company disregarding safety regulations when it manufactures a product
- Selling a prescription drug despite knowing it has dangerous side effects
- Medical malpractice with extreme indifference or lack of skill
- Covering up evidence of a contaminated water supply
- Hiding that a product is dangerous
- Leaving a dangerous property condition that has injured others
Punitive damages are awarded on a case-by-case basis.
How To Prove the Defendant’s Malicious or Reckless Behavior
To prove the defendant’s malicious or reckless behavior, you must answer two questions. First, what did the defendant do? Second, how were their actions malicious or reckless?
Proving a case for punitive damages may require digging into the defendant’s operations. If they are a business, you may need to investigate the design process, communications showing what the company knew and when, and witness statements explaining the sequence of events. A case involving medical malpractice or a malfunctioning product may rely on an expert witness.
Bifurcated proceeding
In California courts, punitive damages are decided in a separate proceeding from the rest of the trial. First, the jury decides if the defendant is liable and what compensatory damages the defendant should pay.
If the jury finds for the plaintiff, then they decide the issue of punitive damages. This is called a bifurcated trial.
The purpose of having a separate proceeding is to prevent bias.
Limits and Restrictions on Punitive Damages in California
To be upheld, a punitive damages award may not be excessive. In BMW v. Gore, 517 U.S. 559 (1996), the U.S. Supreme Court issued guidelines for assessing whether a punitive damages award is excessive. These guidelines consider the following:
- How reprehensible the defendant’s conduct was
- Actual harm suffered by the victim
- Penalties in comparable cases
In the BMW case, BMW sold cars with cosmetic repairs as new. The plaintiff’s actual damages were $4,000. The court said that a $2 million punitive damages award was excessive.
See also Henley v. Philip Morris Inc., 9 Cal. Rptr. 3d 29 (Cal. Ct. App. 2004), where the court said that a 17:1 ratio for punitive damages was too high, but a 6:1 ratio was ok; and Romo v. Ford Motor Co., 113 Cal. App. 4th 738 (Cal. Ct. App. 2003), where the court reduced punitive damages from $290 million to $23.7 million, saying that the jury had not been properly instructed on how to fashion the punitive damages award.
Does California cap punitive damages awards?
No. Even though a punitive damages award must be reasonable, there is no arbitrary cap on the amount that can be awarded, nor a definite ratio to compensatory damages.
How Punitive Damages Impact the Value of Your Claim
Punitive damages can significantly increase the value of a claim. Even though punitive damages are meant to punish the defendant, they are paid to the plaintiff. They often equal or exceed compensatory damages.
Recent California Cases Involving Punitive Damage Awards
Alki David: A $100 million compensatory award and an $800 million punitive damages award to a victim of sexual assault over three years. The victim worked at the defendant’s company.
Roque v. Octapharma Plasma, Inc.: $2.2 million for physical injuries and $9 million in punitive damages. The case was based on employment discrimination, when a 74-year-old was fired after a 19-year career with the company.
Gatchalian v. Kaiser Foundation Hospitals: The defendant retaliated against a nurse for raising safety concerns. The court awarded $11.9 million in compensatory damages and $30 million in punitive damages.
Contact an Experienced San Bernardino Personal Injury Lawyer
If you have suffered a personal injury, contact LA Century Law. Our lawyers help people get justice, including punitive damages, when appropriate. Contact us today.